33630 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations 

§ 478.120 Firearms or ammunition 

imported by or for a nonimmigrant alien. 

(a) General. A nonimmigrant alien 

temporarily importing or bringing 

firearms or ammunition into the United 

States for lawful hunting or sporting 

purposes must first obtain an approved 

ATF Form 6NIA (5330.3D). 

(b) Aliens admitted to the United 

States under a nonimmigrant visa. (1) 

Any alien lawfully admitted to the 

United States under a nonimmigrant 

visa who completes an ATF Form 6NIA 

to import firearms or ammunition into 

the United States, or any licensee who 

completes an ATF Form 6 to import 

firearms or ammunition for such 

nonimmigrant alien, must attach 

applicable documentation to the Form 

6NIA or Form 6 establishing the 

nonimmigrant alien falls within an 

exception specified in 18 U.S.C. 

922(y)(2) (e.g., a hunting license or 

permit lawfully issued in the United 

States) or has obtained a waiver as 

specified in 18 U.S.C. 922(y)(3). 

(2) Aliens admitted to the United 

States under a nonimmigrant visa 

importing or bringing firearms or 

ammunition into the United States must 

provide the United States Customs and 

Border Protection with applicable 

documentation (e.g., a hunting license 

or permit lawfully issued in the United 

States) establishing the nonimmigrant 

alien falls within an exception specified 

in 18 U.S.C. 922(y)(2) or has obtained a 

waiver as specified in 18 U.S.C. 

922(y)(3) before the firearm or 

ammunition may be imported. This 

provision applies in all cases, whether 

or not a Form 6 is needed to bring the 

firearms or ammunition into the United 

States. 

(Approved by the Office of Management 

and Budget under control number 1140– 

0060) 

■ 8. Section 478.124 is amended by 

revising paragraph (c)(3)(iii) to read as 

follows: 

§ 478.124 Firearms transaction record. 

* * * * * 

(c) * * * 

(3) * * * 

(iii) Must, in the case of a transferee 

who is an alien admitted to the United 

States under a nonimmigrant visa who 

states that he or she falls within an 

exception to, or has a waiver from, the 

prohibition in section 922(g)(5)(B) of the 

Act, have the transferee present 

applicable documentation establishing 

the exception or waiver, note on the 

Form 4473 the type of documentation 

provided, and attach a copy of the 

documentation to the Form 4473; and 

* * * * * 

Dated: June 1, 2012. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2012–13762 Filed 6–6–12; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 478 

[Docket No. ATF 22I; AG Order No. 3337– 

2012] 

RIN 1140–AA44 

Residency Requirements for Aliens 

Acquiring Firearms (2011R–23P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF), 

Department of Justice. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: The Department of Justice is 

amending the regulations of the Bureau 

of Alcohol, Tobacco, Firearms, and 

Explosives (ATF) by removing the 90- 

day State residency requirement for 

aliens lawfully present in the United 

States to purchase or acquire a firearm. 

The Department has determined that the 

Gun Control Act does not permit ATF 

to impose a regulatory requirement that 

aliens lawfully present in the United 

States are subject to a 90-day State 

residency requirement when such a 

requirement is not applicable to U.S. 

citizens. In addition, upon the effective 

date of this interim final rule the 

provisions of ATF Ruling 2004–1 will 

become obsolete. 

DATES: Effective date: This interim rule 

is effective on July 9, 2012. 

Comment date: Written comments 

must be postmarked and electronic 

comments must be submitted on or 

before September 5, 2012. Commenters 

should be aware that the electronic 

Federal Docket Management System 

will not accept comments after 

Midnight Eastern Time on the last day 

of the comment period. 

ADDRESSES: Send comments to any of 

the following addresses— 

• James P. Ficaretta, Program 

Manager, Mailstop 6N–602, Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives, 99 New York Avenue NE., 

Washington, DC 20226; ATTN: ATF 22I. 

Written comments must appear in 

minimum 12 point font size (.17 

inches), include your mailing address, 

be signed, and may be of any length. 

• 202–648–9741 (facsimile). 

• http://www.regulations.gov. Federal 

eRulemaking portal; follow the 

instructions for submitting comments. 

You may also view an electronic 

version of this rule at the http:// 

www.regulations.gov site. 

See the Public Participation section at 

the end of the SUPPLEMENTARY

INFORMATION section for instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

FOR FURTHER INFORMATION CONTACT: 

James P. Ficaretta, Enforcement 

Programs and Services, Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives, U.S. Department of Justice, 

99 New York Avenue NE., Washington, 

DC 20226, telephone (202) 648–7094. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 922(b)(3) of the Gun Control 

Act of 1968 (GCA), 18 U.S.C. 922(b)(3), 

makes it unlawful for a Federal firearms 

licensee (FFL) to sell or deliver any 

firearm to any nonlicensee who the 

licensee knows or has reasonable cause 

to believe does not reside in the State in 

which the licensee’s place of business is 

located. Exceptions are provided for 

over-the-counter transfers of a rifle or 

shotgun to out-of-State residents if the 

transfers fully comply with the State 

laws of the buyer and seller, and for 

loans and rentals of a firearm for 

temporary use for lawful sporting 

purposes. Regulations that implement 

section 922(b)(3) are contained in 27 

CFR 478.99(a). 

The term ‘‘State of residence’’ is 

defined in 27 CFR 478.11 as ‘‘[t]he State 

in which an individual resides. An 

individual resides in a State if he or she 

is present in a State with the intention 

of making a home in that State.’’ In 

addition, for aliens, the definition also 

provides that ‘‘[a]n alien who is legally 

in the United States shall be considered 

to be a resident of a State only if the 

alien is residing in the State and has 

resided in the State for a period of at 

least 90 days prior to the date of sale or 

delivery of a firearm.’’ This 90-day 

length of residency requirement does 

not apply to U.S. citizens. 

Prior to making a transfer of a firearm 

to a nonlicensed individual who is a 

resident of the State in which the 

licensee’s business premises are located, 

the regulations at § 478.124(c) require 

the licensee to obtain from the 

transferee (buyer) a completed ATF 

Form 4473, Firearms Transaction 

Record, that shows certain information, 

including whether the transferee is a 

citizen of the United States, and an 

affirmative statement as to the 


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transferee’s State of residence. In 

addition, before transferring to such a 

nonlicensee a firearm, the licensee must 

obtain from the transferee 

documentation establishing that the 

transferee is a resident of the State in 

which the licensee’s business premises 

are located. That is, each transferee 

must present proof of residence in the 

State, in the form of a governmentissued identification document (for 

example, a driver’s license or Stateissued identification card) containing 

the person’s name, residence address, 

date of birth, and photograph. In the 

case of a transferee who is an alien 

legally in the United States and who is 

otherwise not prohibited from 

possessing a firearm, the licensee must 

additionally obtain from the transferee 

documentation establishing that the 

transferee has continuously resided in 

the State for 90 days. The licensee must 

also note on the form the documentation 

used to establish this 90-day period of 

residency. Examples of acceptable 

documentation include utility bills or a 

lease agreement showing that the 

purchaser has resided in the State 

continuously for at least 90 days prior 

to the transfer of the firearm. 

Section 478.124(d), relating to the 

exception for over-the-counter transfers 

of a shotgun or rifle to out-of-State 

residents if the transfers fully comply 

with the State laws of the buyer and 

seller, requires purchasers to present to 

the licensee documentation establishing 

that the transferee is a resident of any 

State. In the case of a nonlicensee who 

is an alien lawfully in the United States, 

the licensee must additionally obtain 

from the transferee documentation that 

the transferee has resided in such State 

continuously for at least 90 days prior 

to the transfer of the firearm. Again, 

examples of acceptable documentation 

include utility bills or a lease agreement 

showing that the purchaser has resided 

in the State continuously for at least 90 

days prior to the transfer of the firearm. 

Section 478.125(f)(2), relating to 

firearms receipt and disposition by 

licensed collectors, provides that the 

licensee must, in the case of a transferee 

who is an alien legally in the United 

States (and who is not a licensee), verify 

the identity of the transferee by 

examining a valid identification 

document and obtain from the 

transferee documentation establishing 

that the transferee is a resident of the 

State in which the licensee’s business 

premises are located if the firearm is 

other than a shotgun or rifle. If the 

firearm is a shotgun or rifle, the licensee 

must obtain from the transferee 

documentation establishing that the 

transferee is a resident of any State and 

has resided in such State continuously 

for at least 90 days prior to the transfer 

of the firearm. 

II. ATF Ruling 2004–1 

ATF has received questions from 

aliens concerning the State of residence 

requirement. Several aliens have asked 

why they were prohibited from 

purchasing a firearm from a Federal 

firearms licensee, contending that they 

had lived in the State where the licensee 

was licensed for more than 90 days. In 

response to those concerns, ATF issued 

a ruling clarifying that an FFL may not 

lawfully transfer a firearm to a 

nonimmigrant alien unless he or she has 

resided in a State continuously for at 

least 90 days immediately prior to the 

FFL conducting a National Instant 

Criminal Background Check System 

(NICS) check (ATF Rul. 2004–1, dated 

March 22, 2004). In addition, the ruling 

held that if a NICS check demonstrates 

a nonimmigrant alien has left the United 

States during the 90 days immediately 

preceding the NICS check, the 

nonimmigrant alien does not satisfy the 

90-day State of residency requirement. 

This is the case even if the 

nonimmigrant alien has provided other 

documentation, such as utility bills or a 

lease agreement, to demonstrate 90 days 

of residency immediately preceding the 

NICS check. Although ATF Rul. 2004– 

1 specifically addresses transfers of 

firearms to nonimmigrant aliens, the 

residency requirement applies to all 

aliens. 

III. Department Determination 

During the review process for a 

related rulemaking proceeding, 

Department of Justice officials raised 

legal concerns regarding the 90-day 

residency requirement for aliens 

lawfully in the United States who wish 

to purchase a firearm from an FFL. The 

Department concluded that, as a matter 

of law, the definition of ‘‘State of 

residence’’ in § 478.11, which 

differentiates between U.S. citizens and 

aliens, is not a permissible 

interpretation of section 922(b)(3) of the 

GCA insofar as it applies a 90-day 

residency requirement to lawfully 

present aliens only. See Clark v. 

Martinez, 543 U.S. 371, 378 (2005) 

(holding that a single, undifferentiated 

statutory term cannot be given varying 

meanings with respect to different 

categories of persons to which the 

statutory provision applies). The 

Department determined that, as a matter 

of law, nothing in the text of section 

922(b)(3) indicates that Congress 

intended the phrase ‘‘State of residence’’ 

to have different meanings for different 

categories of people. Section 922(b)(3) 

includes the term ‘reside in’ without 

any further differentiation or 

specification. The statute might support 

a range of meanings for the phrase 

‘reside in,’ but it does not support an 

interpretation that gives the phrase 

different meanings when applied to 

lawfully present aliens and U.S. 

citizens. 

The Department’s determination is 

based on advice received from its Office 

of Legal Counsel (OLC) (See 

memorandum of January 30, 2012, at 

http://www.justice.gov/olc/2012/ 

ATF90dayruleFINAL1-30-12.pdf). 

IV. Interim Final Rule 

Based on the Department’s legal 

determination that the State of residence 

requirement imposed by section 

922(b)(3) cannot have two different 

constructions—one that applies to U.S. 

citizens and another that applies to 

lawfully present aliens—the Department 

is publishing this interim final rule to 

make the necessary changes to existing 

regulations. This rule amends the 

regulations in 27 CFR part 478 by 

removing the 90-day residency 

requirement in the definition of ‘‘State 

of residence’’ in § 478.11. The rule also 

removes the unique proof of residency 

requirements in §§ 478.124 and 478.125 

for aliens purchasing a firearm. 

Therefore, upon the effective date of this 

interim final rule, an alien lawfully 

present in the United States acquiring a 

firearm will be subject to the same 

residency and proof of residency 

requirements that apply to U.S. citizens. 

In addition, upon the effective date of 

this interim final rule, ATF Ruling 

2004–1 (approved March 22, 2004) will 

become obsolete. 

How This Document Complies With the 

Federal Administrative Requirements 

for Rulemaking 

A. Executive Order 12866 and Executive 

Order 13563 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), The Principles of 

Regulation, and with Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review.’’ The Department of 

Justice has determined that this rule is 

a ‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), and 

accordingly this rule has been reviewed 

by the Office of Management and 

Budget (OMB). However, this rule will 

not have an annual effect on the 

economy of $100 million, nor will it 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 


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environment, public health, or safety, or 

State, local or tribal governments or 

communities. Accordingly, this rule is 

not an economically significant 

rulemaking action as defined by 

Executive Order 12866. 

The interim final rule removes 

restrictions and lessens burdens on 

various parties. It removes the 90-day 

residency requirement applicable only 

to aliens legally in the United States and 

not to citizens, as well as the 

requirement that aliens, but not citizens, 

purchasing a firearm provide proof of 90 

days continuous residency through 

substantiating documentation (e.g., 

utility bills or a lease agreement). Upon 

the rule’s effective date, lawfully 

present aliens and U.S. citizens will be 

subject to the same residency and proof 

of residency requirements. This will 

reduce the time burden on both 

nonlicensees (i.e., aliens lawfully 

present in the United States) and 

licensees from completing the 

paperwork requirements associated with 

transferring firearms. As explained 

below, ATF estimates that this rule will 

reduce such burdens by approximately 

2,457 hours (1,867 hours for 

nonlicensees + 590 hours for licensees). 

The burden placed on all 

nonlicensees acquiring firearms, 

including alien purchasers, involves the 

time it takes to indicate their State of 

residence on ATF Form 4473. In 

calendar year 2010, ATF estimates that 

Form 4473 was completed 14,409,616 

times and that it took four seconds for 

a firearms purchaser to provide his or 

her State of residence on the form. As 

such, ATF estimates the total time for 

firearms purchasers to indicate their 

State of residence on the form to be 

approximately 16,010 hours. In the case 

of an alien purchaser who is legally in 

the United States, the purchaser must 

provide the licensee with proof of 

residency through the use of 

documentation showing that the 

individual has resided in the State 

continuously for at least 90 days prior 

to the transfer of the firearm. ATF 

estimates that in calendar year 2010, 

approximately 23,582 aliens purchased 

firearms. ATF estimates the burden on 

alien purchasers to comply with this 

requirement was approximately 4.75 

minutes with an annual burden of 

approximately 1,867 hours (23, 582 × 

4.75 minutes = 1,867 hours). The 

interim final rule eliminates this 

burden. 

As indicated, the interim final rule 

also reduces the economic burden on 

licensees as it relates to Form 4473. 

According to ATF’s National Licensing 

Center, there are approximately 60,844 

Federal firearms licensees engaged in 

the business of selling firearms. Before 

transferring a firearm to an alien legally 

in the United States, the licensee must 

obtain from the transferee 

documentation establishing that the 

transferee has been a resident of the 

State in which the licensee’s business 

premises are located for at least 90 days 

and note on the Form 4473 the 

documentation used for that purpose. 

ATF estimates the burden placed on a 

licensee to comply with this 

requirement to be approximately 1.50 

minutes per alien purchaser, with an 

annual burden of approximately 590 

hours (23,582 × 1.50 minutes = 590 

hours). The interim final rule removes 

this burden. 

B. Executive Order 13132 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, the Attorney General has 

determined that this regulation does not 

have sufficient federalism implications 

to warrant the preparation of a 

federalism summary impact statement. 

C. Executive Order 12988 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

D. Administrative Procedure Act (APA) 

This interim final rule is being 

published with a process for postpromulgation submission of public 

comments. Pursuant to section 

553(b)(3)(B) of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(B), the 

APA’s general requirement to allow for 

public notice and comment prior to the 

promulgation of a rule does not apply 

when an agency finds, for ‘‘good cause,’’ 

that such prior notice and comment 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Department of Justice has 

concluded as a matter of law that the 

State of residence requirement in the 

Gun Control Act cannot have two 

different constructions, one that applies 

to U.S. citizens and another that applies 

to lawfully present aliens, because the 

statutory text applies the requirement, 

without distinction, to a covered sale or 

delivery of a firearm to ‘‘any person.’’ 

This conclusion is compelled by 

Supreme Court decisions holding that a 

single undifferentiated statutory term 

must be given a single interpretation 

across all of its potential applications. 

See, e.g., Clark v. Martinez, 543 U.S. 

371, 378 (2005); United States v. Santos, 

533 U.S. 507 (2008). Section 27 CFR 

478.11 does not currently conform with 

that legal conclusion, because it requires 

lawfully present aliens to meet an extra 

requirement in order to demonstrate 

residency. As a result, there is a 

discrepancy between the current 

regulatory definition and the 

Department’s interpretation of the 

statute on which that definition is 

based. For as long as that discrepancy 

persists, a departmental regulation will 

bar some lawfully present aliens from 

purchasing firearms on the basis of a 

requirement the Department has 

concluded is not consistent with 

applicable law. Because ATF must, as a 

matter of law, rectify that discrepancy, 

pre-publication public comment is 

unnecessary, and good cause therefore 

exists for issuing this rule without 

employing the usual notice and 

comment procedures of the APA. 

Additionally, the Attorney General finds 

that delaying this regulatory action 

would be contrary to the public interest. 

The Department, however, welcomes 

public comment on this interim final 

rule after the rule is published. 

E. Regulatory Flexibility Act 

The provisions of the Regulatory 

Flexibility Act relating to an initial and 

final regulatory flexibility analysis are 

not applicable to this rule because the 

agency was not required to publish a 

general notice of proposed rulemaking 

under 5 U.S.C. 553 or any other law. 

F. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804. This 

rule will not result in an annual effect 

on the economy of $100 million or 

more; a major increase in costs or prices; 

or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

G. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995, Public Law 104–4. 


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H. Paperwork Reduction Act 

The regulations that are being 

amended in this interim final rule revise 

collections of information covered by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, 44 U.S.C. ch. 35, 

and its implementing regulations, 5 CFR 

part 1320. The collections of 

information at §§ 478.124 and 478.125 

were approved by OMB under control 

numbers 1140–0020 and 1140–0021 

(§ 478.124), and 1140–0032 (§ 478.125). 

ATF requested emergency clearance 

from OMB of revisions to control 

number 1140–0020 (Form 4473) to 

conform with these regulatory changes, 

and OMB approved those revisions on 

April 13, 2012, for a period of 180 days. 

On October 4, 2011, at ATF’s request, 

the approval on the collection of 

information under 1140–0021 was 

discontinued. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by OMB. 

Public Participation 

A. Comments Sought 

ATF is requesting comments on the 

interim final rule from all interested 

persons. ATF is also specifically 

requesting comments on the clarity of 

this interim final rule and how it may 

be made easier to understand. 

All comments must reference this 

document docket number (ATF 22I), be 

legible, and include your name and 

mailing address. ATF will treat all 

comments as originals and will not 

acknowledge receipt of comments. 

Comments received on or before the 

closing date will be carefully 

considered. Comments received after 

that date will be given the same 

consideration if it is practical to do so, 

but assurance of consideration cannot 

be given except as to comments received 

on or before the closing date. 

B. Confidentiality 

Comments, whether submitted 

electronically or on paper, will be made 

available for public viewing at ATF, and 

on the Internet as part of the 

eRulemaking initiative, and are subject 

to the Freedom of Information Act. 

Commenters who do not want their 

name or other personal identifying 

information posted on the Internet 

should submit their comment by mail or 

facsimile, along with a separate cover 

sheet that contains their personal 

identifying information. Both the cover 

sheet and comment must reference this 

docket number. Information contained 

in the cover sheet will not be posted on 

the Internet. Any personal identifying 

information that appears within the 

comment will be posted on the Internet 

and will not be redacted by ATF. 

Any material that the commenter 

considers to be inappropriate for 

disclosure to the public should not be 

included in the comment. Any person 

submitting a comment shall specifically 

designate that portion (if any) of his 

comments that contains material that is 

confidential under law (e.g., trade 

secrets, processes, etc.). Any portion of 

a comment that is confidential under 

law shall be set forth on pages separate 

from the balance of the comment and 

shall be prominently marked 

‘‘confidential’’ at the top of each page. 

Confidential information will be 

included in the rulemaking record but 

will not be disclosed to the public. Any 

comments containing material that is 

not confidential under law may be 

disclosed to the public. In any event, the 

name of the person submitting a 

comment is not exempt from disclosure. 

C. Submitting Comments 

Comments may be submitted in any of 

three ways: 

• Mail: Send written comments to the 

address listed in the ADDRESSES section 

of this document. Written comments 

must appear in minimum 12 point font 

size (.17 inches), include your mailing 

address, be signed, and may be of any 

length. 

• Facsimile: You may submit 

comments by facsimile transmission to 

(202) 648–9741. Faxed comments must: 

(1) Be legible and appear in minimum 

12 point font size (.17 inches); 

(2) Be on 81⁄2′′ x 11′′ paper; 

(3) Contain a legible, written 

signature; and 

(4) Be no more than five pages long. 

ATF will not accept faxed comments 

that exceed five pages. 

• Federal eRulemaking Portal: To 

submit comments to ATF via the federal 

eRulemaking portal, visit http:// 

www.regulations.gov and follow the 

instructions for submitting comments. 

D. Request for Hearing 

Any interested person who desires an 

opportunity to comment orally at a 

public hearing should submit his or her 

request, in writing, to the Director of 

ATF within the 90-day comment period. 

The Director, however, reserves the 

right to determine, in light of all 

circumstances, whether a public hearing 

is necessary. 

Disclosure 

Copies of this interim rule and the 

comments received will be available for 

public inspection by appointment 

during normal business hours at: ATF 

Reading Room, Room 1E–062, 99 New 

York Avenue NE., Washington, DC 

20226, telephone (202) 648–8740. 

Drafting Information 

The author of this document is James 

P. Ficaretta, Enforcement Programs and 

Services, Bureau of Alcohol, Tobacco, 

Firearms, and Explosives. 

List of Subjects in 27 CFR Part 478 

Administrative practice and 

procedure, Arms and ammunition, 

Authority delegations, Customs duties 

and inspection, Domestic violence, 

Exports, Imports, Law enforcement 

personnel, Military personnel, 

Nonimmigrant aliens, Penalties, 

Reporting and recordkeeping 

requirements, Research, Seizures and 

forfeitures, and Transportation. 

Authority and Issuance 

Accordingly, for the reasons stated in 

the preamble, 27 CFR part 478 is 

amended as follows: 

PART 478—COMMERCE IN FIREARMS 

AND AMMUNITION 

■ 1. The authority citation for 27 CFR 

part 478 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 

921–931; 44 U.S.C. 3504(h). 

■ 2. Section 478.11 is amended by 

revising the definition of ‘‘State of 

residence’’ to read as follows: 

§ 478.11 Meaning of terms. 

* * * * * 

State of residence. The State in which 

an individual resides. An individual 

resides in a State if he or she is present 

in a State with the intention of making 

a home in that State. If an individual is 

on active duty as a member of the 

Armed Forces, the individual’s State of 

residence is the State in which his or 

her permanent duty station is located, as 

stated in 18 U.S.C. 921(b). The following 

are examples that illustrate this 

definition: 

Example 1. A maintains a home in State X. 

A travels to State Y on a hunting, fishing, 

business, or other type of trip. A does not 

become a resident of State Y by reason of 

such trip. 

Example 2. A maintains a home in State X 

and a home in State Y. A resides in State X 

except for weekends or the summer months 

of the year and in State Y for the weekends 

or the summer months of the year. During the 

time that A actually resides in State X, A is 

a resident of State X, and during the time that 

A actually resides in State Y, A is a resident 

of State Y. 

Example 3. A, an alien, travels to the 

United States on a three-week vacation to 

State X. A does not have a state of residence 


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in State X because A does not have the 

intention of making a home in State X while 

on vacation. This is true regardless of the 

length of the vacation. 

Example 4. A, an alien, travels to the 

United States to work for three years in State 

X. A rents a home in State X, moves his 

personal possessions into the home, and his 

family resides with him in the home. A 

intends to reside in State X during the 3-year 

period of his employment. A is a resident of 

State X. 

* * * * * 

■ 3. Section 478.124 is amended as 

follows: 

■ a. By removing and reserving 

paragraph (c)(3)(ii). 

■ b. In paragraph (d), by removing the 

proviso after the colon and by removing 

the colon and adding in its place a 

period. 

■ c. In paragraph (e), by removing the 

words ‘‘, except for the provisions of 

paragraph (c)(3)(ii)’’ at the end of the 

paragraph. 

■ d. In paragraph (f), by removing the 

words ‘‘, and in the case of a transferee 

who is an alien legally in the United 

States, the transferee has resided in that 

State continuously for at least 90 days 

prior to the transfer of the firearm’’ in 

the third sentence. 

■ 4. Section 478.125(f) is revised to read 

as follows: 

§ 478.125 Record of receipt and 

disposition. 

* * * * * 

(f) Firearms receipt and disposition by 

licensed collectors. (1) Each licensed 

collector shall enter into a record each 

receipt and disposition of firearms 

curios or relics. The record required by 

this paragraph shall be maintained in 

bound form under the format prescribed 

below. The purchase or other 

acquisition of a curio or relic shall, 

except as provided in paragraph (g) of 

this section, be recorded not later than 

the close of the next business day 

following the date of such purchase or 

other acquisition. The record shall show 

the date of receipt, the name and 

address or the name and license number 

of the person from whom received, the 

name of the manufacturer and importer 

(if any), the model, serial number, type, 

and the caliber or gauge of the firearm 

curio or relic. The sale or other 

disposition of a curio or relic shall be 

recorded by the licensed collector not 

later than 7 days following the date of 

such transaction. When such 

disposition is made to a licensee, the 

commercial record of the transaction 

shall be retained, until the transaction is 

recorded, separate from other 

commercial documents maintained by 

the licensee, and be readily available for 

inspection. The record shall show the 

date of the sale or other disposition of 

each firearm curio or relic, the name 

and address of the person to whom the 

firearm curio or relic is transferred, or 

the name and license number of the 

person to whom transferred if such 

person is a licensee, and the date of 

birth of the transferee if other than a 

licensee. In addition, the licensee shall 

cause the transferee, if other than a 

licensee, to be identified in any manner 

customarily used in commercial 

transactions (e.g., a driver’s license), and 

note on the record the method used. 

(2) The format required for the record 

of receipt and disposition of firearms by 

collectors is as follows: 

FIREARMS COLLECTORS ACQUISITION AND DISPOSITION RECORD

Description of firearm Receipt Disposition 

Manufacturer and/or 

importer Model Serial No. Type Caliber or gauge Date 

Name and address or name 

and license 

No. 

Date 

Name and address or name 

and license 

No. 

Date of birth if 

non-licensee 

Driver’s license No. or 

other identification if nonlicensee 

* * * * * 

Dated: June 1, 2012. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2012–13770 Filed 6–6–12; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

31 CFR Part 344 

[Department of the Treasury Circular, Public 

Debt Series No. 3–72] 

U.S. Treasury Securities—State and 

Local Government Series 

AGENCY: Bureau of the Public Debt, 

Fiscal Service, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury (Treasury) is issuing this final 

rule to revise the regulations governing 

State and Local Government Series 

(SLGS) securities. SLGS securities are 

non-marketable Treasury securities that 

are only available for purchase by 

issuers of tax-exempt securities. Current 

financial market conditions have 

resulted in extraordinarily low yields in 

the secondary market for some 

marketable Treasury securities. As a 

result, rates applicable to nonmarketable State and Local Government 

Series (SLGS) securities sold to issuers 

of tax-exempt securities could be 

negative. To prevent this, Treasury is 

instituting a floor on the daily SLGS 

rate, by amending the definition of 

‘‘SLGS rate’’ and the definition of the 

‘‘annualized effective Demand Deposit 

rate’’ for Demand Deposit SLGS 

securities. Additionally, Treasury is 

revising the definition of ‘‘Y’’ in the 

annualized effective Demand Deposit 

rate calculation formula to clarify the 

calculation method to be used during a 

year that contains a leap day. 

DATES: This final rule is effective June 

7, 2012. 

ADDRESSES: You can download this 

Final Rule at the following Internet 

addresses: http:// 

www.publicdebt.treas.gov, http:// 

www.gpo.gov, or http:// 

www.regulations.gov. It is also available 

for public inspection and copying at the 

Treasury Department Library, Main 

Treasury Building, 1500 Pennsylvania 

Avenue NW., Washington, DC 20220. 

To visit the library, call (202) 622–0990 

for an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Debra Hines, Assistant Commissioner, 

Office of the Assistant Commissioner for 

Public Debt Accounting, Bureau of the 

Public Debt, at (304) 480–5101 or opdasib@bpd.treas.gov, Edward Gronseth, 

Deputy Chief Counsel, Elizabeth Spears, 

Senior Attorney, or Brian Metz, 

Attorney-Adviser, Office of the Chief 

Counsel, Bureau of the Public Debt at 

(304) 480–8692. 

SUPPLEMENTARY INFORMATION: The SLGS 

program assists state and local 

government issuers and other entities in 

complying with the yield restriction and 

rebate requirements applicable to taxexempt bonds under the Internal 

Revenue Code. The SLGS rate on Time 

Deposit SLGS securities is derived from 


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